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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69374
Experience:  Over 5 years in practice
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The offences on my bail sheet (pre-charge) are the

Customer Question

The offences on my bail sheet (pre-charge) are the following:1) Possess with intent to supply a controlled drug of class B
2) Possess an offensive weapon in a public place
3) Possess an offensive weapon in a public place
4) Possess an imitation firearm in a public place
5) Possess a weapon for the discharge of a noxious liquid / gas /electrical incapacitation device / thing
6) Possess knife blade / sharp pointed article in a public place
7) Common AssaultI was arrested under suspicion of the above when my car was stopped (I was supposedly speeding). My wallet (which was on my person at the time), my car were seized. While I was held in custody my house was raided and my computer, laptop, gaming consoles were taken from me.I can not access any money as my ID and bank cards are in my wallet. I can also not run my business due to the fact that my computers were seized. I am legally self-employed. What do you think the likely hood of my stuff being returned is if I was to go through the magistrates court? The offence is clearly not related to computing/fraud. Surely they don't need my PCs? I cannot live without my wallet/computers during the month I'm on bail for.
Submitted: 8 months ago.
Category: Law
Expert:  Jo C. replied 8 months ago.
In short, you are asking if you can recover your property?
Customer: replied 8 months ago.
Essentially, yes. I believe that the police do not have the rights to keep hold of some of the property that they have taken from me. The items they have taken from me make it almost impossible for me to live a normal life.They have my wallet, including identification. I can't access any money from my bank accounts.
They have my computers, I am self employed and cannot work without the computers.They send me in circles everytime I attempt to contact the police station.
Expert:  Jo C. replied 8 months ago.
They don't appear to be items relevant to the charges but you are not going to get them back at this stage.They have to give them back in the end. They are not unlawful per se so they cannot hold on to them long term.Getting them back any earlier is much harder.
Expert:  Jo C. replied 8 months ago.
There are a variety of options. The first is to lay a complaint at the Magistrates Court pursuant to the Police Property Act. That is costly and slow. If you are intent upon doing that then I would wait until they disclose a list of exhibits. If these items are not included then you would have a stronger case.
Expert:  Jo C. replied 8 months ago.
A quicker option is to judicially review their decision to refuse to return. That is faster but more expensive. If they are not on the list of exhibits though then I do think there would be an argument that this is Wednesbury unreasonable.
Expert:  Jo C. replied 8 months ago.
Can I clarify anything for you?Jo

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